AUCKLAND.

Wellington Independent, Volume I, Issue 25, 25 June 1845, Page 2

AUCKLAND.

(From the Auckland Times, May 13.)

Mr. Waitfobd and the " I Don't Know." —New Zealand is the place to come to if you want to see and hear of strange things. We have birds as big as elephants and as tall as our kauri gum trees, but it is not in the physical world only that wonders abound. In government politics and in the administration of the laws (the latter of which, at all events, is supposed to go by rule, and which else where generally does) our practice is as unsettled as the will of our ruler. The J Don't Know was seized, and brought here from the Bay, by H.M.S. Hazard, about three weeks ago ; and is still detained by command of his Excellency the Governor, but upon what pretext no one has ever been infarmed. Jt is not assumed or conjectured that she is a custom house prize, and no one gives her credit for any act of piracy; her master and crew, in the meantime, are thrust ashore, and the vessel put under charge of a subaltern officer and twenty of the new militia, —w.ho are employed to break open the hold and examine everything, comparing it with the manifest, and reporting progress. All this time.the owner, Mr. Waitford, who was iv her, is cast into prison, and undergoes a strictly private examination in the Policeoffice, the Clerk of Councils being sent to the bench as a government makeweight. It is said that some charge of high treason was attempted but as quickly abandoned —then a trumpery charge of having stolen goods in his possession, because two or three books are found in the cabin, such as were scattered about the beach by hundreds when the place was sacked. Out of this a case of felony ! is trumped up, and Mr. Waitford is kept close in jail—ail bail being refused. (Why does fie not apply far a writ of Habeas Corpus ?) The Captain, rinding that nothing that can be objected to has been discovered in his cargo, demands re-admission of himself and crew into his vessel; this is refused, upon uo other authority than the Governor's pleasure. The Captain is then advised by his counsel that he is legally justified in retaking her by force— and here comes one of the most strange parts of ibis strange history—he goes on board unarmed : —and mark, readers, the treatment he receives from our valiant militia—their first achievement in arms—verily they displayed more zeal than discretion, and less of courao-e or generosity than either. What! one clambering unarmed man assailed by twen.y muskets and a police force, and thrown into the sea at the imminent risk of his life ! ! Why not have allowed the man to come upon deck, and then secure him if necessary ? All this will seem so utteily incredible that we feel bound to justify our statement by the Captain's deposition, taken upon oath : — Police Office.—Friday, Bth May, 1845. —Capt. Thompson sworn, deposed—"About 5 o'clock yesterday 1 went on board the I-dont-know in a boat rowed by a single wateiman; there were two other persons in the boat; as we approached I found her in possession of twenty armed men. I put the boat near the gangway, and demanded to go on board; this was refused, and I was warned off. I said I wanted to see the commanding officer; the person who warned me off said he was the commanding officer. He refused to let me on board ; I demanded his authority ; he said.' the Governor.'—besides he had civil authority on board; during this time several muskets were levelled at me. I asked who was the civil authoiity, when Smith, the Chief Constable came forward and said he was. I demanded some legal document ; this they both refused. I said I would not persist if they would produce any legal authority, but if they did not I shoul 1 consider them a set of pirates. (Here the Magistrate laughed, and Mr. Bartley, barrister, said ' That is quite my opinion.') I then stood up in the boat and took hold of the chain plates, and tried to raise myself up— thursting away the boat at the same timewhen I was struck down by the but ends of three or four muekets ; I WaS hit very savagely on the head, and received many other blows. (The Captain's head is covered with plasters.) While I hung on they sung out Knock him overboard,—D..n him-— Drown the b....r.,« I fell into the water;

the Liile was running very strong and niy o \vn boat hail drifted a long way, and if Captain Rough's boat had not come up from the other side of the vessel and picked me up, I should have been drowned. Smith, the Cliiel , Con stable, then took me on shore in custody but Mr. Berrey, Chief Police Magistrate, set me at liberty.' After a somewhat angry exchange of argu. nient between Mr. Bartley and the Chief Police Magistrate, a warrant was granted for the Captain to go to the vessel and identify his assailants,—but fiom that time to this the magistrates have not been able to spare a constable to go with him to execute it • and so there the matter stands as far as «,! know. In this part of our narrative it is but justice to the Governor to say that he has offered to provide board and lodging for the Captain and his crew, and to continue their pay so long as the vessel was in limbo. We have been accustomed lately to strange things, and we will endeavour to believe that there is something important behind the curtain to justify all these extraordinary proceedings. But we are suie all this mystery and apparent violation of all ordinary law can only lead to the frustation of justice. Waitford is not kept there for the doubtful possession of two or three paltry books; but when the day.of investigation comes he will reap the advantage, however criminal he may be, of the arbitrary proceedings, for Englishmen have a stronger sympathy with the liberty of the subject and the majesty of the law, than they have with the sword of justice. But after all, if we may judge of the present occasion by the experience of the chops and changes of resolution, or rather of irresolution, exhibited during the past twelve months, we should not be surprised to find that this mountain turned out a mole-hill, and that it is another mountain whose throes of parturition will end in the production of a mouse. — Auckland Times.. Supreme Court. —Monday, May 2, 1845.—The grand jury having been sworn, a bill of indictment was preferred against Mr. Waitlord for the felonious possession of a picture and two books, the property of the Rev. Mr. Dudley. A good many witnesses were examined, but the bill was not found, and the prisoner was discharged. Mr. Bartley eloquently demanded the prisoners restoration to his property, and a declaration of his good name and fame at the time of his discharge, but His Honor declined to hear any matter which was not strictly and legally before the Court. A Public Meeting was held at the Royal Hotel, on Weduesday the 14th of May, for the purpose of moving an address of thanks to the Government, Clergy, and people of Sydney, for their prompt and spontaneous efforts to assist the sufferers by the recent outrages at the Bay of Islands and elsewhere. Frederick Whitaker, M.C. in the chair. Mr. Ligar proposed and Mr. Mair, late of Wangari, (one of the settlers who had lost his home) seconded the following ad-, dress which was unanimously adopted, and which it was determined should be forwarded to F. Fisher, Esq., the chairman of the Sydney Public Meeting:— To the Inhabitants of New South Wales, FELLOW COUNTRYMEN AND FRIENDS. "The prompt liberality with which you have come forward to render every assistance in your power to your fellow countrymen in this colony, demands at least an equally prompt acknowledgment from those whom you have so efficiently served. "The utter destruction of a settlement containing hundreds of British subjects is a misfortune of no ordinary description, and we have unfortunately since the occurrence of that lamentable event to add a.long list of other distant settlers, who, deprived of everything but their lives, have been compelled to seek in Auckland a place of refuge.from further violence; under such trying difficulties as these it could not fail to be most gratifying that no sooner were they known to a neighbouring colony, than our countrymen there stepped forward to alleviate the distress that already existed, and took every means to put a stop to the further march of desti uction by calling for a sufficient aid for our protection. Your committee of management especially demand our gratitude, and we cannot but express our admiration that the clergy of every denomination shoe Id at once have united in the exercise of the holy duty of charity. To the sufferers by the late disasters your generous sympathies and timely assistance are most consoling and acceptable, and, by the inhabitants of Auckland, your active" exertions to secure them against similar calamities are most fully appreciated ; accept the warm and heartfelt thanks of all for kindness which can never be forgotten, (Signed.) Fred. Whitaker. * Chairman.

On behalf of the Public Mooting this day asseinbleil. —Auckland, May 14, 1845. The meeting wms subsequently addressed by the Rev. Mr. Cluirton; Mr. Hoigkinson ; (lute of Russell ;) T. Heale, ]<:sq , M. C. j Mr. Fiilwasser; Captain Bateman, and Mr! Hart.